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MWENDWA FINALLY CHARGED WITH FRAUDULENTLY ACQUIRING MILLION FROM FKF.

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BY SAM ALFAN.

Embattled Football Kenya Federation (FKF) president Nicholas Mwendwa has been charged with fraudulent acquisition of over Sh37 million belonging to the public.

Mwendwa appeared before Milimani Anti-Corruption court Magistrate Nyutu and denied the charges.

The charges stated that he conspired with others to defraud FKF of Sh29, 502,709 between April 16 and May 31 this year at an unknown place.

Further, it is alleged that on March 5 this year at unknown place, Mwendwa jointly with others not before court, fraudulently acquired Sh5 million property of FKF.

On the third count, Mwendwa is accused of acquiring Sh2.5 million, with others not before court. On the last count, he is accused of fraudulently acquiring Sh1 million property of FKF.

The court directed him to part with cash bail of Sh10 million or bond of 15 million, to secure his release.

The magistrate also barred him from discussing the matter with the media.

EIGHTEEN PEOPLE CHARGED AFRESH IN SH300 MILLION GOLD SCAM.

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BY SAM ALFAN.

Flamboyant businessman Jared Otieno has been charged afresh alongside his co-accused with conspiracy to defraud and obtaining Sh300 million by false pretenses.

Jared Otieno, Philip Nashon, Robert Ouko alias Maxwell Oyuga, Peter Omondi, Michael Omondi, Paul Otieno, Pauline Adhiambo alias Rose Adhiambo Omamo, Alice Nzisa alias Faith Nzisa, appeared before Milimani Chief Magistrate Wendy Kagendo and denied charges.

Others who were charged were Joyce Akinyi, Juliet Kathambi alias Cynthia Kithinji, William Otieno, Hannington Modisa, Madam Olwangu,Seinim alias Salim Abubakar and Lekoke Lokunda

They denied fraudulently receiving Sh300 million in a fake gold transaction. The charges stated that they committed the offence on diverse dates between February 8 and 25, 2019 jointly with others not before court.

It is alleged that they conspired with intent to defraud Simuong Group Company director Southorn Chanthavong from LAO of US Dollars 3,000,000 equivalent to Sh300, 000,000.

The court heard that by means of fraudulent tricks, the accused persons displayed heavy metal boxes allegedly packed with genuine gold bars and having an office trading in the name of Nirone Safe Keeping ltd, pretending that they were carrying on a genuine gold business a fact they knew was false.

Otieno, Philip Nashon Oroko, Robert Ouko Owiti alias Maxwell Oyuga, Dillion Kibet and Pauline Odhiambo Odok alias Rose Odhiambo Omamo are facing a further charge of obtaining Sh300 million from the said Chanthavong by falsely pretending they had genuine gold.

They are currently out on cash bail of half a million and bond of Sh1 million pending hearing and determination of their fraud case.

CASE CHALLENGING COVID-19 VACCINE AS A PRE-CONDITION FOR GETTING GOVERNMENT SERVICES CERTIFIED URGENT.

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BY SAM ALFAN.

The High Court has certified as urgent an application seeking to stop the government from demanding proof of vaccination before getting services.

Justice Hedwig Ong’udi also directed Enock Aura to serve the petition to the government immediately ahead of the hearing.

The Judge further directed the Ministry of Health among other government officials to file their responses within seven days.

In the petition, Aura argues that it is wrong for the government through the Health Cabinet Secretary to demand proof of vaccination from Kenyans before getting services.

Through lawyer Harrison Kinyanjui, Aura argues that Kagwe’s directive negatively implicates and violates the guaranteed cross section of the fundamental rights and freedoms of Kenyans.

He says the directive is contrary to Article 20(1) of the constitution which stipulates that the Bill of rights applies to all laws and binds all state organs and all persons.

“Unless brought to heel, Kagwe’s unconstitutional edict impugned herein will be taken up by the Ministry of Transport, Interfaith Council on the National Response to Coronavirus Pandemic, Inspector General, council of Governors among others and treated as law (when it is not) and extended to other occupation, private sector, Kenyans’ private homes and hence stymying and pegging the enjoyment of virtually every human right to these vaccinations in the manner jeopardizing Kenyans’ human existence,” says Aura.

Aura adds that the directive on Covid-19 vaccination by the Health Ministry as a pre-condition for Kenyans to board public service vehicles implies that the PSV licensing regime under the National Transport and Safety Authority has been usurped by health ministry in the imposition of a non-existent statutory condition for Kenyans to board and use PSV.

The case will be heard on December 8 before Justice Anthony Mrima. 

SAFARICOM SOFTWARE ENGINEER CHARGED WITH FULIZA THEFT OF SH1.4 MILLION.

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BY SAM ALFAN.

An engineer working for giant telecommunications company Safaricom has been charged with stealing Sh1.4 million from the company.

Dennis Mutethia Muga appeared before Kibera law courts Kibera Senior Principal Magistrate Monica Maroro and denied the charges.

The court heard that Mutethia committed the offence on diverse dates between October 24 and 31 this year using different sim cards.

The charges stated that he fraudulently utilized a short term debt platform- Fuuliza above the allowed limit and benefited to Sh1,400,000. The court heard that the money came into his possession by the virtue of his employment at Safaricom.

Mutethia was arrested by detectives from Langata police station after the case was reported by the Safaricom fraud investigations officer Andronicus Andimu Kihalangwa.

Mutethia who is a software engineer employed by the company as engineer financial services system planning is accused of stealing the said amount which he stole by leaving a cheque windows open and allowing other people who he purports to be his friends using different Safaricom line together with him to increase their Fuuliza limit from Sh3,500 to Sh50,000 and then get credit through Fuliza of up to Sh1.4 million.

Preliminary investigations showed that on dates November 24 and 31 of November, Fuliza limits of fourteen lines were irregularly adjusted to abnormal limits ranging between Sh100,000 to Sh10 million.

The telco launched investigations, leading to his arrest in Embakasi.

He was released on a bond of Sh1 million or a cash bail of Sh500,000.

BUSINESSMAN DENIES HALF A BILLION FRAUD CHARGE IN FALSE SECURITY DEPOSITED IN A BANK.

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BY SAM ALFAN.

A businessman and his company Good Earth (Group) ltd have been charged with obtaining security of over half billion shillings.

Jayesh Umedlal Shanghavi and the company appeared before Milimani senior principal magistrate Wandia Nyamu and denied the charges.

Jayesh, his wife Nina Jayesh Shanghavi (absent during plea) and Good Earth (Group) ltd are accused that between December 10, 2018 and November 23, 2020 in Nairobi, by false pretences and with intent to defraud, jointly with others not before court induced Victoria Commercial Bank ltd to execute First Legal Charge over agreement Number B2 erected on land reference Number 1870/11/253, Nairobi (Crystal Edge Apartments) to secure Sh520, 000,000 million as valuable security.

He was released on a cash bail of Sh400, 000 pending hearing and determination of the criminal case.

KPLC ORDERED TO PAY FORMER MANAGER SH6.3 MILLION.

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BY NT CORRESPONDENT.

The Kenya Power & Lighting Company Ltd has been ordered to pay former employee over Sh6 million for unlawful dismissal.

Employment and Labour Relations court Judge Onesmus Makau found that the former manager Tom Mzaliwa Osiro was fired unlawfully.

“In conclusion and for the reasons set out above, I enter judgment for the claimant for the sum of Sh. 6,336,210. The award is subject to statutory deductions but the claimant is also awarded interest on the award plus costs at court rates from the date of filing the suit”, Judge ruled.

This is after Osiro sued Kenya Power seeking the court to declare that the termination without benefits was wrongful, unfair and adversely discriminatory.

KPLC Human Resource Manager, Anne Kwambai, testified that Osiro was employed by the company as Technician Grade II and served in several ranks in various places in the country being Kindaruma power station, Isiolo station, Turkwel Power station, Thika Station, Nairobi Station, Eldoret station, Mombasa Station and finally Maralal Station.

She testified that Osiro issue started when he was posted to Mombasa, and after serving for two years, he sought for a transfer to another favorable station on medical basis and need to be close to his family.

However, since three years had not lapsed as per the company’s Regulations, Osiro’s request was acted upon on January 2015 after completing three years in Mombasa by being transferred to Nairobi.

She further testified that on January 30, 2017, Osiro was re-designated from Assistant Superintendent to Senior Marketing Officer on salary scale MG 08 and he was transferred from Nairobi to Maralal.

However after serving for about three months he requested for an early retirement and the same was approved but all his terminal dues were used to offset his liabilities to the company totaling to Sh. 1,778,251.

However, Osiro submitted that when the company transferred him to Maralal, Samburu County, his duties were reduced from being a manager of a regions with five teams to being the one who is tasked to do the grounds work of power metering, ring fencing of sub-stations and doing marketing and customer relations task.

He argued that the change of duties meant that his position was not available in Maralal as such he was redundant within the meaning of section 2 of the Employment Act read with the Respondents Human Resource Administration Division, staff Regulations Procedures.

Therefore he argued that he ought to be paid for the said redundancy having worked for the Kenya Power for close to 29 years.

INTERPOL EXECUTIVE MEMBER TO KNOW ON MONDAY WHETHER CIVIL SENTENCE WILL BE SET ASIDE.

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BY SAM ALFAN.

Director of Criminal investigations (DCI) George Kinoti will on Monday know whether a judge will lift an order directing his arrest for failing to return several guns to businessman Jimi Wanjigi.

Justice Anthony Mrima gave the directions after hearing an application by Attorney General Kihara Kariuki, who has sought the quashing of the conviction of Kinoti who the Interpol executive committee member, saying he was the wrong party in the case.

Justice Mrima heard that he convicted the wrong party who had nothing to do with Wanjigi rifles. The court heard that DCI Kinoti does not handle civilian guns as alleged in the suit which misled the court.

Lawyer Cecil Miller told the court that the order cited the wrong party (DCI) who is not the custodian of civilian firearms. He added that civilian firearms are stored by the chief firearms licence officer and not the DCI as alleged by Wanjigi.

“By the law, the person who is holding the firearm (Chief firearms licensing Officer) was missing in the suit as per the firearms Act,” he added.

AG argued that as long as the firearm license board is not a party to the suit to come and explain whether indeed they are carrying their duty, then the petitioner cannot come back running to court saying they made a visit to the firearm board and also admit that they haven’t complied and they want to proceed and condemn an innocent individual.

He added that the court is well aware that the petitioner’s licence has expired and he has not renewed it. He said a firearm is attached to the individual who has a licence and Wanjigi wants to bypass the law.

SONKO’S IMPEACHMENT CASE SET FOR NEXT WEEK.

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BY SAM ALFAN.

Two petitions filed by the former Nairobi Governor Mike Sonko challenging his impeachment and the nullification of Governor Ann Kananu as the Deputy county boss will be heard next week.

The Court of Appeal has scheduled to hear the two petitions by Sonko on December 1. The two cases had been scheduled for hearing on Monday but they were removed from the hearing list for unknown reasons.

A three judge bench will hear and determine the two petitions after the former city boss challenged the high court decision.

Sonko argues that the removal of a Governor from office by impeachment is governed by Article 181 of the Constitution and Section 33 of the County Government Act, 2012 and the procedure for the removal of a governor is guided by the County Assembly standing orders.

He says no verification was done by members of the county assembly supporting the motion as provided under the Standing Orders.

He said despite being aware of such, High Court Judges dismissed his case and disregarded the fact that this important step was by-passed and no affirmation and/or verification was conducted as prescribed under Standing Orders.

He argues that Judges erred in law and fact by finding that the procedure prescribed under the Law was complied with yet the Standing Orders were obviously flouted.

The motion for his impeachment was received by the speaker on the 26th November, 2020 and tabled in the house on the 3rd December, 2020.

He argues that the clerk of Nairobi County Assembly, the speaker and the county Assembly contravened standing order No. 67, Article 1,2, &10 of the Constitution of Kenya, 2012 and Section 14 of the County Governments Act, 2012 and therefore the impeachment process ought to have been declared null and void on that basis only.

According to the former city boss, the judges therefore erred in law and fact by finding that the standing order 67(4) was complied with and misinterpreted express provisions of the standing order No. 67 which provides that the motion shall be verified by every member who signs.

JUDGE CHITEMBWE FACES PETITION SEEKING HIS REMOVAL OVER SONKO LEAKS.

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BY PHOEBE WANJOHI.

A High Court judge who has featured in a series of videos published by former Nairobi Governor Mike Sonko is now facing another petition seeking to oust him from office.

Justice Said Chitembwe is now facing a second petition after Francis Wambua lodged a case before the Judicial Service Commission seeking for his removal as a judge.

Wambua claims that the Judge has involved himself in various acts of gross judicial misconduct by discussing the merits of a matter pending in court, which was pending before him with third parties.

He says the Judge lacks integrity to continue holding office and further that he has breached the Constitutional provisions on integrity, the Judicial Service Code of Conduct and the Bangalore Principles of Judicial Conduct.

Wambua claims that the judge has been using his alleged brother Amana Saidi Jirani as a proxy and agent, to allegedly receive bribes on his behalf.

He adds that Judge Chitembwe lacks impartiality, by allowing himself to be influenced in the performance of the duties of his judicial office.

Wambua argues that fraudulent and corrupt dealings by the learned judge is to be inferred from the surrounding circumstances of the matter.

It is his claims that the Judge demonstrated open bias, malice and ineptitude against former Nairobi Governor Mike Mbuvi Sonko.

Wambua further allege that he has evidence of telephone conversation between the Judge and an advocate wherein the said Judge confirms that he was approached by lawyer Miller and Guyo regarding two petitions.

He alleges that the advocates wanted the Judge to rule against Sonko in High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021.

“The said learned Judge had a land transaction to which the Ex-Governor Mike Mbuvi Sonko was involved and it had a monetary implication and the said learned Judge made unrealistic demands regarding the shares to be paid in condemnation of purchase of the land which Sonko rejected and he opted to revenge by maliciously instigating the dismissal of the aforesaid petitions”, he adds.  

According to him, based on the above the Petitioner contends that Justice Chitembwe had ceased to be independent and impartial within the meaning of Article 160 (1) of the Constitution which gives judicial independence to the judiciary.   

The Petitioner contends that the contents in the conversations between the Presiding Judge and a third-party touches on the merits of Nairobi High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021 that was heard and determined by the Bench.  

“It is evident that Cecil Miller was acting at the behest of the Nairobi City County Assembly members and County Executive Members in a desperate and deliberate bid to have his illegal legal fees paid and by so doing he engaged Amana Saidi Jirani who is the nominee and relative of Honourable Justice Juma Saidi Chitembwe”, he alleges.

FAMILY OF ETHIOPIAN BUSINESSMAN SEEKS HIS PRODUCTION, DEAD OR ALIVE.

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BY SAM ALFAN.

The family of a businessman who was abducted in broad daylight by people believed to be police officers have filed a petition seeking his production in court.

The Ethiopian businessman who is said to be from Tigray origin was captured in a video, which has since gone viral, battling several men in civilian dressing.

The family of Samson Gebreigzi Teklemichael want the Inspector General of police to produce him, dead or alive.

They wants the IG Hillary Mutyambai barred from moving the businessman out of the country.

His wife Milen Halffom Mezgebo wants the police to release her husband with immediate effect.

She told the court that she’s apprehensive that the businessman’s life is in danger, after making several unsuccessful inquiries from various police stations.

“I’m now more than ever fearful and apprehensive that my husband’s life could be in danger and I believe that all this has been orchestrated by state officers,” Mezgebo said in the petition.

In a sworn affidavit Mezgebo says that she received a call on Friday around 1730hrs from her husband saying that he was being taken by unknown people out of his Bentley Car.

She quickly rushed to the Oloitotok and Likoni road roundabout near Kileleshwa where she found his husband’s motor vehicle abandoned.

According to her upon enquiry she was informed by traffic officers at the scene that he was picked by police officers and taken to unknown place.

She forwarded the matter to Kilimani police station and the matter was taken by Directorate of Criminal Investigation ( DCIO) Kilimani.